Mean Spirited: Over four years ago the then Home Secretary, Charles Clarke, decided that New Labour should get tough on those wronged by the state. The victims of injustice were to be punished further than just losing their liberty unjustly. In 1986 the former Home Secretary, Douglas Hurd, introduced a scheme that compensated people who did not qualify for compensation under the Statutory Scheme.
The Discretionary Scheme, as it came to be known, allowed people who had been wrongly convicted to receive compensation for their ordeal even if they had won their freedom quickly. People who won their freedom by having convictions quashed at a first appeal were not entitled to compensation as a right, because the system was said to be working well if it corrected a wrongful conviction at the first attempt. Hurd's policy allowed such people to be compensated, which in many cases was the closest the wrongly accused came to receiving an apology for what they had been through.
Abolished: On April 19th 2006 Clarke abolished that scheme without consultation. Several lawyers, appalled by the mean-spirited decision, supported victims of miscarriages of justice who had lost out without knowing that the scheme would be abolished in challenging the decision in court. Shamefully, the former government won that challenge in 2007. It meant that the wrongfully convicted had little choice but to sue the police. This meant spiralling legal fees – well actually it didn't. Attacks on legal aid made challenges difficult. Lawyers had to take a risk – no win, no fee. Few would do it, so in the midst of a financial catastrophe that governments made worse, some money was clawed back by punishing the innocent further. They could fend for themselves and suffer further hardship. In effect, how dare they fight against a wrongful conviction and win their freedom quickly and expect to be compensated for their troubles!
Shameful: That our society tolerates such treatment of people whose crime was to show the criminal justice system to be fallible is utterly shameful. It is an abuse of human rights and stupid too. Deprived of justice at every turn, what do we expect the victims of these injustices to do? We spend fortunes getting it wrong in the first place, but we begrudge the wrongfully accused meagre resources that acknowledge the wrong done to them in our name.
Over a decade ago the European Convention of Human Rights was incorporated into our law. One of its provisions guarantees the right to family life. Wrongful accusations mangle that right and create alienation and resentment, not just in wrongfully accused people, but their families too. Not only have we deprived them of compensation – families were never entitled to compensation in their own right – but those who succeed on a first appeal, or worse still get acquitted, do not qualify for any assistance to rebuild their lives, even though a limited scheme to assist victims miscarriages of justice was approved and funded by the previous government.
Our treatment of these people condemns us in the court of international public opinion. It is a national – international – disgrace. By what right do we lecture foreign governments on human rights when we treat our own victims of injustice so badly? Doesn't this make our commitment to human rights hollow, at best, and utterly hypocritical. So what does the current government plan to do about another mess created by the previous administration?
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